Statelessness Working Paper Series No. 2017/02 Citizenship Rules, 2009;71 the onus of proving otherwise lies with the person in question.72 If such citizen has obtained a passport from another country, it shall be conclusive proof of his/her having voluntarily acquired the citizenship of that country before that date.73 The Citizenship Rules also state that where an Indian citizen leaves India for a period exceeding three years without a travel document issued by the Central Government, (s)he shall be deemed to have voluntarily acquired the citizenship of the country of his residence.74 This contravenes Article 7(3) of the 1961 Convention which provides that a nationals should not lose their nationality on the ground of “departure, residence abroad, failure to register or on any similar ground.”75 2.2.7 Deprivation of Citizenship While Article 8(1) of the 1961 Convention prohibits States from depriving persons of his/her nationality if it would render him/her stateless,76 there are some exceptions. Article 8(2)(a) allows deprivation based on prolonged period of residency abroad without notification to relevant authorities.77 Article 8(2)(b) allows deprivation if nationality has been obtained by misrepresentation or fraud.78 Article 8(3) provides States the right to deprive individuals’ nationality where the individuals conduct is found to be inconsistent with his/her duty of loyalty to the State.79 Nevertheless, the Convention requires that such deprivations should be exercised in accordance with law and shall provide the individual concerned the right to a fair hearing before a court.80 Section 10 of the Citizenship Act provides circumstances where the Central Government may deprive (naturalised or registered) individuals from Indian citizenship.81 Said include: (a) registration or certificate of naturalisation obtained by fraudulent means;82 (b) behaviours constituting disloyalty to the Constitution of India;83 (c) unlawful trading, communication, engagement or association with an enemy during war;84 (d) imprisonment in any country within five years after registration or naturalisation;85 and (e) residing outside India for a continuous period of seven years without having annually registered in the prescribed manner at an Indian consulate to retain citizenship.86 Some of these grounds for deprivation are vague and even harsh. With regards to Section 10(a) of the Act, the Tunis Conclusions required the existence of causality between the misrepresentation or fraud and the grant of nationality. Thus deprivation should not be allowed if nationality would have been 71 Rule 40, The Citizenship Rules, 2009 Para 1, Schedule III, The Citizenship Rules, 2009 73 Para 3, ibid. 74 Section 6, Schedule III, Citizenship Rules, 2009 75 Article 7(3), UNGA, Convention on the Reduction of Statelessness, 30 August 1961, UNTS, vol. 989 76 Article 8(1), ibid. 77 Article 8(2)(a), ibid. 78 Article 8(2)(b), ibid. 79 Article 8(3), ibid. 80 Article 8(4), ibid. 81 Section 10 (1), The Citizenship Act, 1955 82 Section 10(2)(a), ibid. 83 Section 10(2)(b), ibid. 84 Section 10(2)(c), ibid. 85 Section 10(2)(d), ibid. 86 Section 10(2)(e), ibid. 72 9